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Madras High CourtCMP(MD)/1331/2017ordered

Rajalakshmi Kasiviswanathan v. V.Lakshmi

2017-02-14Honourable Mr Justice M.Duraiswamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY CMP(MD) No.1331 of 2017 IN SA(MD) No.SR16580 of 2015 1.RAJALAKSHMI KASIVISWANATHAN 2.PAVITHRA 3.HARIHARAN ... PETITIONERS/APPELLANTS Vs 1.V.LAKSHMI 2.PADMA SURIYANARAYANAN 3.VALLI MANI 4.PARATHI VIJAYASANKAR 5.SARASWATHI GANESH 6.LAKSHMI ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD) No.1331 of 2017:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 624 days in representing the above SA(MD) SR16580 of 2015.

Prayer in SA(MD) No.SR16580 of 2015:- Second Appeal against the judgment and Decree passed in A.S.No.1 of 2013 & Cross Appeal No.5 of 2014 on the file of the Principal District Court, Tanjore dated 24.09.2014 modifying the judgment and decree padded in O.S.No.275 of 2010 on the file of the Additional Sub Court, Tanjore dated 17.08.2012. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.P.SENTHIL, Advocate for the petitioner, the court made the following order:- Heard the learned counsel for the petitioners. 2.There is a delay of 624 days in representing the papers. In paragraph No.4 of the affidavit filed in support of the petition, the petitioners have satisfactorily explained the reasons for the delay.

Though the petitioners have satisfactorily explained the reason for the delay, since the delay is on the higher side, I am of the view that in the interest of Justice, the same can be condoned on payment of cost. Accordingly, the delay of 624 days in representing the papers is condoned on condition that the petitioner https://hcservices.ecourts.gov.

paying a sum of Rs.1,500/- (Rupees one thousand and five hundred only) to the Rojavanam Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai within a period of one week from the date of receipt of a copy of this order, failing which the petition shall stand automatically dismissed without further reference to this Court.

3.Accordingly, the petition is ordered.

sd/- 14/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.

2.THE ADDITIONAL SUBORDINATE JUDGE, THANJAVUR.

3.THE OFFICER INCHARGE ROJAVANAM HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.

ps AE/BS/SAR3/15.02.2017/2P/4C

ORDER

IN CMP(MD) No.1331 of 2017 IN SA(MD) No.SR16580 of 2015 Date :14/02/2017 https://hcservices.ecourts.gov.in/hcservices/